1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Facts of recognition;

A. On December 1, 2003, the Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (hereinafter “A”) purchased C Skmania (number: Q. hereinafter “instant vehicle”) around December 1, 203.

At that time, Skys Korea Co., Ltd. (hereinafter “Skysia”) entered into an installment loan agreement (hereinafter “instant loan agreement”) with A at least 76,90,000 won, setting the agreed delayed interest rate of 25% per annum.

Co-Defendant B of the first instance trial jointly and severally guaranteed the obligation to return loans under the loan agreement of this case.

(2) At the time of the instant loan agreement, Scaria was provided with the instant vehicle as security by A, and on December 8, 2003, the mortgage regarding the instant vehicle was created at KRW 81,952,000 (hereinafter “the instant mortgage”).

(3) The instant vehicle registration number was changed in the order of C, D, E, F, G, H, I, J, K, L, M, N, andO.

B. The registration of transfer under the name of the Defendant (1) entered into a contract with the Defendant on January 3, 2010 on the transfer of the instant vehicle to the Defendant, and on January 3, 2010, the New Plastic Co., Ltd. entered into a contract with the Defendant on the transfer of the instant vehicle.

On January 5, 2010, the Defendant completed the ownership transfer registration regarding the instant vehicle.

The certificate of automobile transfer submitted to the competent authority at the time of the transfer registration (hereinafter referred to as the “certificate of automobile transfer”) was printed with the following contents:

Article 7 (Special Agreement on Succession) Where a transferor purchases a motor vehicle as a installment and transfers the remaining installment to a transferee without paying the installment in full, it shall be entered in the column for special agreement as to whether the transferee will assume by succession the remaining installment.

(2) Of the instant certificate of the transfer of automobiles, the phrase “mortgage and succession to attachment” is written in the column of the special agreement, and the Defendant is next to that.